Rosmah Mansor contended that there is a court finding that jewellery and luxury items linked to her are not from proceeds of unlawful activity.
The wife of incarcerated former prime minister Najib Abdul Razak stated this in her statement of defence against 1MDB’s US$346 million (RM1.63 billion) jewellery suit against her.
She pointed out that the Kuala Lumpur High Court nearly two years ago ruled that the luxury items under her possession were not from illegal money or from the result of breach of trust.
Rosmah noted that the Malaysian sovereign wealth fund is bound by the said court ruling made on Nov 14, 2022, which dismissed the government’s forfeiture suit against her.
The forfeiture suit then was in relation to items seized by the authorities during a raid on a condominium at Pavilion Kuala Lumpur, following the 2018 general elections.
Writ of summons
On May 9, 1MDB and 10 others filed the US$346 million writ of summons against Rosmah and one Shabnam Naraindas Daswani.
According to a copy of the writ, the 11 plaintiffs alleged that Rosmah received thousands of items of jewellery, watches, and handbags procured by Shabnam, whereby the items were purportedly bought not with the duo’s money but with funds allegedly misappropriated from 1MDB and the other plaintiffs.
Besides 1MDB, four other plaintiffs comprised the fund’s subsidiaries, namely 1MDB Energy Holdings Limited, 1MDB Energy Limited, 1MDB Energy (Langat) Limited, and Global Diversified Investment Company Limited.
The remaining plaintiffs constituted the fund’s former subsidiary SRC International Sdn Bhd, and five companies in liquidation, namely Affinity Equity International Partners Limited, Alsen Chance Holdings Limited, Blackrock Commodities (Global) Limited, Blackstone Asia Real Estate Partners Limited and Brightstone Jewellery Limited.
The plaintiffs said their claim is premised on “equitable proprietary claim and/or unconscionable or knowing receipt of trust property or its traceable proceeds and/or dishonest assistance in breach of trust or fiduciary duty and/or dishonest enrichment”.
They claimed the funds were channelled through various offshore entities, including five of the plaintiffs now in liquidation, before being paid out to 48 different vendors in no less than 14 jurisdictions for purchasing the luxury goods.
“A total of 320 such payments totalling US$346,010,489 were made,” they alleged.
Besides seeking an order to compel Rosmah to pay over US$346 million to them, the plaintiffs also seek for the civil court to compel her and the other defendant to pay damages or equitable compensation to be assessed later, aggravated and/or exemplary damages, among other reliefs sought.
Law firm Lim Chee Wee Partnership is acting for 1MDB and the other plaintiffs, while Rosmah is represented by Reza Rahim & Rajivan. - Mkini
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